Rule 1 Order XXXVIII of Code of Civil Procedure 1908 "Where defendant may be called upon to furnish security for appearance"
Where at any stage of a suit, other than a suit of the
nature referred to in section 16, clauses (a) to (d), the
Court is satisfied, by affidavit or otherwise,-
(a) that the defendant, with intent to delay the plaintiff,
or to avoid any process of the Court or to obstruct or delay
the execution of any decree that may be passed against him,-
(i) has absconded or left the local limits of the
jurisdiction of the Court, or
(ii) is about to abscond or leave the local limits of the
jurisdiction of the Court, or
(iii) has disposed of or removed from the local limit soft
the jurisdiction of the Court his property or any part
thereof, or
(b) that the defendant is About to leave India under
circumstances affording reasonable probability that the
plaintiff will or may thereby be obstructed or delayed in
the execution of any decree that may be passed against the
defendant in the suit,
the Court may issue a warrant to arrest the defendant and
bring him before the Court to show cause why he should not
furnish security for his appearance
Provided that the defendant shall not be arrested if he pays
to the officer entrusted with the execution of the warrant
any sum specified in the warrant as sufficient to satisfy
the plaintiffs claim; and such sum shall be held in deposit
by the Court until: the suit is disposed of or until the
further order of the Court.
Rule 2 Order XXXVIII of Code of Civil Procedure 1908 "Security"
1) Where the defendant fails to show such cause the Court
shall order him either to deposit in Court money or other
property sufficient answer the claim against him, or to
furnish security for his appearance at any time when called
upon while the suit is pending and until satisfaction of any
decree that may be passed against him in the suit, or make
such order as it thinks fit in regard to the sum which may
have paid by the defendant under the proviso to the last
preceding rule.
(2) Every surety for the appearance of a defendant shall
bind himself, in default of such appearance, to pay any sum
of money which the defendant may be ordered to pay in the
suit.
Rule 3 Order XXXVIII of Code of Civil Procedure 1908 "Procedure on application by surety to be discharged"
(1) A surety for the appearance of a defendant may at any
time apply to the Court in which he became such surety to be
discharged from his obligation.
(2) On such application being made, the Court shall summon
the defendant to appear or, if it thinks fit may issue a
warrant for his arrest in the first instance.
(3) On the appearance of the defendant in pursuance of the
summons or warrant, or on his voluntary surrender, the Court
shall direct the surety to be discharged from his
obligation, and shall call upon the defendant to find fresh
security.
Rule 4 Order XXXVIII of Code of Civil Procedure 1908 "Procedure Where defendant fails to furnish security or find fresh security"
Where the defendant fails to comply with any order under
rule 2 or rule 3, the Court may commit him to the civil
prison until the decision of the suit or, where a decree is
passed a against the defendant, until the decree has been
satisfied :
Provided that no person shall be detained in prison under
this rule in any case for a longer period than six months,
nor for a longer period than six weeks when the amount or
value of the subject-matter of the suit does not exceed
fifty rupees :
Provided also that no person shall be detained in prison
under this rule after he has complied with such order.